Execution of Foreign Decree of Divorce in India.

Execution of foreign decree or foreign decree of divorce in India is a very unique topic for discussion.

Usually, divorce is granted in two categorized i.e. divorce by mutual consent or contested divorce. 

The decree or judgement passed by foreign courts including decree of divorce can be executed in India in two ways.

Foreign decrees passed by Courts in reciprocating territory and foreign decrees passed by Courts in non-reciprocating territory.

“Reciprocating territory” means any country or territory outside India which the Central Government has specified by notification in the Official Gazette, to be a reciprocating territory; and “superior Courts”, with reference to any such territory, means such Courts specified in the said notification.

Execution of foreign decrees passed by Courts in reciprocating territory: Execution of foreign Decrees passed by the courts in reciprocating territories of India is governed by section 44A of Civil Procedure Code. This section explains the execution of any decree passed by a superior court in reciprocating territory.

Under Section 44A of CPC, a certified copy of a decree of any superior Courts of any reciprocating territory when filed in a District Court, the decree may be executed in India as if it has been passed by the District Court.

It is to be noted that a foreign decree can be executed under Section 44A of CPC only if it satisfies the following conditions as specified in Section 13 of CPC.

Under Section 13 of CPC, a foreign judgment should be conclusive for execution in India. A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except-

• where it has not been pronounced by a Court of competent jurisdiction;
• where it has not been given on the merits of the case;
• where it is founded on an incorrect view of international law or a refusal to recognise the relevant law of India.
• where the proceedings are opposed to natural justice;
• where it has been obtained by fraud;
• where it is founded on a breach of any law in force in India.

Execution of foreign decree of divorce by mutual consent:

A mutual consent divorce decree granted by a Foreign Court is considered to be conclusive by the virtue of Section 13 of CPC., and can be executed in India, if it is passed by a competent court in any of the reciprocating territory outside India.

Execution of foreign contested divorce decree:

A contested divorce decree granted by a Foreign Court is also considered to be conclusive by the virtue of Section 13 of CPC, because the respondent must have acknowledged the jurisdiction and filed her / his defense in the case, therefore, it can also be executed in India, if it is passed by a competent court in any of the reciprocating territory outside India.

It is to be noted that the Supreme Court of India has recently held that a decree of divorce passed by a foreign court is not valid in India if the grounds of divorce are not recognised by the Indian law. Therefore, in a contested divorce decree, the grounds of divorce must be as per Indian law. 

When a Decree or judgement passed by a court in non-reciprocating territory.

A foreign decree or Judgement or an Award from a ‘Non-Reciprocating Territory’ of India can be enforced in India by filing a fresh suit in an Indian Court with appropriate jurisdiction. Further, Judgments from a ‘Non-Reciprocating Territory’ only have evidentiary and persuasive value in the eyes of law in India and they must be filed for enforcement within three years from the day when they were originally passed. 

I hope you will certainly get some valuable information from the above discussions. However, if anyone needs any kind of help or legal advice on this issue or in general, please feel free to contact me at any time. My Number is 9818865693 and email is adv.jeetkumarsingh@gmail.com